Madlanga Commission | Khan’s lawyers cautioned over claims against commission

The Madlanga Commission of Inquiry has cautioned the legal team for suspended Crime Intelligence deputy head, Major-General Feroz Khan, against making allegations that could undermine the integrity of the commission.

Khan’s lawyers, Advocates Zubair Khan and Mohammed Valley, appeared before the commission on Wednesday in his absence.

Advocate Khan told the commission that the suspended Crime Intelligence deputy boss fears for his safety, citing the murder of Witness D as one of the reasons for his concern.

He also suggested there may have been a security breach within the commission, noting that the alleged attempt on Khan’s life during the weekend, occurred shortly after he submitted his affidavit.

Commission chairperson, Justice Mbuyiseli Madlanga, immediately warned Advocate Khan against making speculative claims that could impugn the commission’s integrity.

“If you are ever to make media briefings again, be careful of what you say and don’t say anything that may tend to impugn the integrity of this commission. You should be very careful about that,” Madlanga said.

“I note what you say,” Advocate Khan responded.

Following the warning, Advocate Khan clarified that he was not suggesting Khan’s shooting resulted from information leaked by the commission.

Madlanga also rejected claims by Khan’s legal team that the commission had instructed officials to visit the hospital where he is being treated.

The allegations stem from a statement filed by Khan’s attorneys, in which they speculated that officials may have been sent to verify whether Khan had indeed been shot or to assess the severity of his condition.

Madlanga described the allegations as serious, stressing that any such directive could only have come from him personally and confirming that he had issued no such instruction.

He added that neither senior commission officials nor any of the commission’s nine evidence leaders were aware of any such directive.

Advocate Mohammed Valley, told the commission that a day after the alleged assassination attempt, he received reports that individuals had arrived at the Milpark Hospital claiming they had been sent by the commission and demanding access to Khan.

Advocate Valley said the individuals claimed to be linked to the Political Killings Task Team (PKTT), the Directorate for Priority Crime Investigation (DPCI) and the Norwood Police Station.

He said that although ne could not confirm who the individuals were, someone at the hospital appeared to believe they were acting with the commission’s authority.

Meanwhile, Khan’s legal team also applied to have his testimony heard in camera.

The commission’s evidence leaders opposed the application, arguing that it lacked sufficient detail and justification.

They advised Khan’s lawyers to submit a clearer and more comprehensive application setting out the basis for the request.

Khan’s legal team agreed, indicating that they may also seek input from the Investigating Directorate Against Corruption (IDAC) before proceeding.

Advocate Khan further told the commission that the suspended Crime Intelligence deputy boss remains unconscious following the alleged attempt on his life.

“Despite what is floating around in the media, it doesn’t bother us too much that General Khan is actually unconscious, sedated and we haven’t been able to have access to him for purposes of further instruction in relation to this. So, obviously the supplementary affidavit will arrive as and when we are able to present it,” he said.

Advocate Khan added that they are also in possession of a J88 medical report confirming the seriousness of Khan’s condition.

He said Khan’s family has invited the commission to visit the hospital to satisfy itself that the suspended Crime Intelligence deputy boss remains in a critical condition.

Written by: Odirile Rabalao